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FIRST LOOK: The White House Has Been Covering Up the Presidency’s Role in Torture for Years
Absolutely brilliant and extraordinarily authoritative! I'm talking about Marcy Wheeler's debut article over at The / / Intercept, published just over an hour ago. Once again, if you have any questions as to why Newsweek refers to Ms. Wheeler as, "The Woman Who Knows The N.S.A.'s Secrets" (and the secrets of our entire security state, including the Central Intelligence Agency), they'll be answered in your first read of this exceptionally powerful, fact-filled, incredibly well-researched article..The White House Has Been Covering Up the Presidency’s Role in Torture for Years
By Marcy Wheeler
The / / Intercept
Mar 13, 2014, 4:18 PM EDT
The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House.
Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday?
We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.
......................
Some time before October 29, 2009, then National Security Advisor Jim Jones filed an ex parte classified declaration with the U.S. District Court for the Southern District of New York, in response to a FOIA request by the ACLU seeking documents related to the torture program. In it, Jones argued that the CIA should not be forced to disclose the “source of the CIA’s authority,” as referenced in the title of a document providing “Guidelines for Interrogations” and signed by then CIA Director George Tenet. That document was cited in two Justice Department memos at issue in the FOIA. Jones claimed that “source of authority” constituted an intelligence method that needed to be protected…
The Obama Administration successfully appealed a judge’s ruling to release the redacted part of this title describing under what authorities torture was conducted. Document obtained by ACLU under FOIA
By Marcy Wheeler
The / / Intercept
Mar 13, 2014, 4:18 PM EDT
The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House.
Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday?
We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.
......................
Some time before October 29, 2009, then National Security Advisor Jim Jones filed an ex parte classified declaration with the U.S. District Court for the Southern District of New York, in response to a FOIA request by the ACLU seeking documents related to the torture program. In it, Jones argued that the CIA should not be forced to disclose the “source of the CIA’s authority,” as referenced in the title of a document providing “Guidelines for Interrogations” and signed by then CIA Director George Tenet. That document was cited in two Justice Department memos at issue in the FOIA. Jones claimed that “source of authority” constituted an intelligence method that needed to be protected…
The Obama Administration successfully appealed a judge’s ruling to release the redacted part of this title describing under what authorities torture was conducted. Document obtained by ACLU under FOIA
..........
MORE:
https://firstlook.org/theintercept/2014/03/13/president-obama-covering-presidencys-role-torture-4-years/http://www.dailykos.com/story/2014/03/13/1284526/-Wheeler-s-Debut-The-White-House-Has-Been-Covering-Up-the-Presidency-s-Role-in-Torture-for-Yearshttps://firstlook.org/theintercept/2014/03/13/president-obama-covering-presidencys-role-torture-4-years/
130 replies
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though, every time I see the now familiar tactic. I do understand though WHY I have yet to receive an answer. Thanks 
President Obama is wonderful...
Democrats are good, and kind, thoughtful, and patient...
We are the world... we are the children...
- I've noticed that when you're always looking forward, you can never see what happened in the past very well......
Obama called on the former general chairman of the RNC to stop Spain's investigation of US torture crimes.
WikiLeaks: How U.S. tried to stop Spain's torture probe
http://www.mcclatchydc.com/2010/12/25/105786/wikileaks-how-us-tried-to-stop.html
MIAMI — It was three months into Barack Obama's presidency, and the administration -- under pressure to do something about alleged abuses in Bush-era interrogation policies -- turned to a Florida senator to deliver a sensitive message to Spain:
Don't indict former President George W. Bush's legal brain trust for alleged torture in the treatment of war on terror detainees, warned Mel Martinez on one of his frequent trips to Madrid. Doing so would chill U.S.-Spanish relations.
http://www.mcclatchydc.com/2010/12/25/105786/wikileaks-how-us-tried-to-stop.html
MIAMI — It was three months into Barack Obama's presidency, and the administration -- under pressure to do something about alleged abuses in Bush-era interrogation policies -- turned to a Florida senator to deliver a sensitive message to Spain:
Don't indict former President George W. Bush's legal brain trust for alleged torture in the treatment of war on terror detainees, warned Mel Martinez on one of his frequent trips to Madrid. Doing so would chill U.S.-Spanish relations.
US embassy cables: Don't pursue Guantánamo criminal case, says Spanish attorney general
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH
6. (C) As reported in SEPTEL, Senator Mel Martinez, accompanied by the Charge d'Affaires, met Acting FM Angel Lossada during a visit to the Spanish MFA on April 15. Martinez and the Charge underscored that the prosecutions would not be understood or accepted in the U.S. and would have an enormous impact on the bilateral relationship. The Senator also asked if the GOS had thoroughly considered the source of the material on which the allegations were based to ensure the charges were not based on misinformation or factually wrong statements. Lossada responded that the GOS recognized all of the complications presented by universal jurisdiction, but that the independence of the judiciary and the process must be respected. The GOS would use all appropriate legal tools in the matter. While it did not have much margin to operate, the GOS would advise Conde Pumpido that the official administration position was that the GOS was "not in accord with the National Court." Lossada reiterated to Martinez that the executive branch of government could not close any judicial investigation and urged that this case not affect the overall relationship, adding that our interests were much broader, and that the universal jurisdiction case should not be viewed as a reflection of the GOS position.
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH
6. (C) As reported in SEPTEL, Senator Mel Martinez, accompanied by the Charge d'Affaires, met Acting FM Angel Lossada during a visit to the Spanish MFA on April 15. Martinez and the Charge underscored that the prosecutions would not be understood or accepted in the U.S. and would have an enormous impact on the bilateral relationship. The Senator also asked if the GOS had thoroughly considered the source of the material on which the allegations were based to ensure the charges were not based on misinformation or factually wrong statements. Lossada responded that the GOS recognized all of the complications presented by universal jurisdiction, but that the independence of the judiciary and the process must be respected. The GOS would use all appropriate legal tools in the matter. While it did not have much margin to operate, the GOS would advise Conde Pumpido that the official administration position was that the GOS was "not in accord with the National Court." Lossada reiterated to Martinez that the executive branch of government could not close any judicial investigation and urged that this case not affect the overall relationship, adding that our interests were much broader, and that the universal jurisdiction case should not be viewed as a reflection of the GOS position.
Judd Gregg, Obama's Republican nominee for Commerce secretary, didn't like the investigations either.
US embassy cables: Don't pursue Guantánamo criminal case, says Spanish attorney general
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH
4. (C) As reported in REF A, Senator Judd Gregg, accompanied by the Charge d'Affaires, raised the issue with Luis Felipe Fernandez de la Pena, Director General Policy Director for North America and Europe during a visit to the Spanish MFA on April 13. Senator Gregg expressed his concern about the case. Fernandez de la Pena lamented this development, adding that judicial independence notwithstanding, the MFA disagreed with efforts to apply universal jurisdiction in such cases.
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH
4. (C) As reported in REF A, Senator Judd Gregg, accompanied by the Charge d'Affaires, raised the issue with Luis Felipe Fernandez de la Pena, Director General Policy Director for North America and Europe during a visit to the Spanish MFA on April 13. Senator Gregg expressed his concern about the case. Fernandez de la Pena lamented this development, adding that judicial independence notwithstanding, the MFA disagreed with efforts to apply universal jurisdiction in such cases.
Why the aversion? To protect Bushco, of course!
US embassy cables: Spanish prosecutor weighs Guantánamo criminal case against US officials
http://www.guardian.co.uk/world/us-embassy-cables-documents/200177
The fact that this complaint targets former Administration legal officials may reflect a "stepping-stone" strategy designed to pave the way for complaints against even more senior officials.
http://www.guardian.co.uk/world/us-embassy-cables-documents/200177
The fact that this complaint targets former Administration legal officials may reflect a "stepping-stone" strategy designed to pave the way for complaints against even more senior officials.
Eric Holder got the message.
Holder Says He Will Not Permit the Criminalization of Policy Differences
http://abcnews.go.com/Politics/story?id=7410267&page=1
As lawmakers call for hearings and debate brews over forming commissions to examine the Bush administration's policies on harsh interrogation techniques, Attorney General Eric Holder confirmed to a House panel that intelligence officials who relied on legal advice from the Bush-era Justice Department would not be prosecuted.
"Those intelligence community officials who acted reasonably and in good faith and in reliance on Department of Justice opinions are not going to be prosecuted," he told members of a House Appropriations Subcommittee, reaffirming the White House sentiment. "It would not be fair, in my view, to bring such prosecutions."
http://abcnews.go.com/Politics/story?id=7410267&page=1
As lawmakers call for hearings and debate brews over forming commissions to examine the Bush administration's policies on harsh interrogation techniques, Attorney General Eric Holder confirmed to a House panel that intelligence officials who relied on legal advice from the Bush-era Justice Department would not be prosecuted.
"Those intelligence community officials who acted reasonably and in good faith and in reliance on Department of Justice opinions are not going to be prosecuted," he told members of a House Appropriations Subcommittee, reaffirming the White House sentiment. "It would not be fair, in my view, to bring such prosecutions."
Holder: Won't criminalize terror policy disputes
http://www.guardian.co.uk/world/feedarticle/8470942
Associated Press Writer= WASHINGTON (AP) — Attorney General Eric Holder left open the possibility Thursday to prosecuting former Bush administration officials but ruled out filing charges merely over disagreements about policy.
"I will not permit the criminalization of policy differences," Holder testified before a House Appropriations subcommittee.
"However, it is my responsibility as attorney general to enforce the law. It is my duty to enforce the law. If I see evidence of wrongdoing I will pursue it to the full extent of the law," he said.
~snip~
"It is certainly the intention of this administration not to play hide and seek, or not to release certain things," said Holder. "It is not our intention to try to advance a political agenda or to try to hide things from the American people."
http://www.guardian.co.uk/world/feedarticle/8470942
Associated Press Writer= WASHINGTON (AP) — Attorney General Eric Holder left open the possibility Thursday to prosecuting former Bush administration officials but ruled out filing charges merely over disagreements about policy.
"I will not permit the criminalization of policy differences," Holder testified before a House Appropriations subcommittee.
"However, it is my responsibility as attorney general to enforce the law. It is my duty to enforce the law. If I see evidence of wrongdoing I will pursue it to the full extent of the law," he said.
~snip~
"It is certainly the intention of this administration not to play hide and seek, or not to release certain things," said Holder. "It is not our intention to try to advance a political agenda or to try to hide things from the American people."
CIA Exhales: 99 Out of 101 Torture Cases Dropped
http://www.wired.com/dangerroom/2011/06/cia-exhales-99-out-of-101-torture-cases-dropped/
This is how one of the darkest chapters in U.S. counterterrorism ends: with practically every instance of suspected CIA torture dodging criminal scrutiny. It’s one of the greatest gifts the Justice Department could have given the CIA as David Petraeus takes over the agency.
Over two years after Attorney General Eric Holder instructed a special prosecutor, John Durham, to “preliminar(ily) review” whether CIA interrogators unlawfully tortured detainees in their custody, Holder announced on Thursday afternoon that he’ll pursue criminal investigations in precisely two out of 101 cases of suspected detainee abuse. Some of them turned out not to have involved CIA officials after all. Both of the cases that move on to a criminal phase involved the “death in custody” of detainees, Holder said.
But just because there’s a further criminal inquiry doesn’t necessarily mean there will be any charges brought against CIA officials involved in those deaths. If Holder’s decision on Thursday doesn’t actually end the Justice Department’s review of torture in CIA facilities, it brings it awfully close, as outgoing CIA Director Leon Panetta noted.
“On this, my last day as Director, I welcome the news that the broader inquiries are behind us,” Panetta wrote to the CIA staff on Thursday. “We are now finally about to close this chapter of our Agency’s history.”
http://www.wired.com/dangerroom/2011/06/cia-exhales-99-out-of-101-torture-cases-dropped/
This is how one of the darkest chapters in U.S. counterterrorism ends: with practically every instance of suspected CIA torture dodging criminal scrutiny. It’s one of the greatest gifts the Justice Department could have given the CIA as David Petraeus takes over the agency.
Over two years after Attorney General Eric Holder instructed a special prosecutor, John Durham, to “preliminar(ily) review” whether CIA interrogators unlawfully tortured detainees in their custody, Holder announced on Thursday afternoon that he’ll pursue criminal investigations in precisely two out of 101 cases of suspected detainee abuse. Some of them turned out not to have involved CIA officials after all. Both of the cases that move on to a criminal phase involved the “death in custody” of detainees, Holder said.
But just because there’s a further criminal inquiry doesn’t necessarily mean there will be any charges brought against CIA officials involved in those deaths. If Holder’s decision on Thursday doesn’t actually end the Justice Department’s review of torture in CIA facilities, it brings it awfully close, as outgoing CIA Director Leon Panetta noted.
“On this, my last day as Director, I welcome the news that the broader inquiries are behind us,” Panetta wrote to the CIA staff on Thursday. “We are now finally about to close this chapter of our Agency’s history.”
How MI5 colluded in my torture: Binyam Mohamed claims British agents fed Moroccan torturers their questions - WORLD EXCLUSIVE
http://www.dailymail.co.uk/news/article-1160238/How-MI5-colluded-torture-Binyam-Mohamed-claims-British-agents-fed-Moroccan-torturers-questions--WORLD-EXCLUSIVE.html#ixzz256BI1FmS
Documents obtained by this newspaper - which were disclosed to Mohamed through a court case he filed in America - show that months after he was taken to Morocco aboard an illegal 'extraordinary rendition' flight by the U.S. Central Intelligence Agency, MI5 twice gave the CIA details of questions they wanted his interrogators to put to him, together with dossiers of photographs.
At the time, in November 2002, Mohamed was being subject to intense, regular beatings and sessions in which his chief Moroccan torturer, a man he knew as Marwan, slashed his chest and genitals with a scalpel.
~snip~
The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.
Last month his lawyers persuaded the High Court not to allow parts of a judgement that summarised Mohamed's treatment to be published, on the grounds that to do so would jeopardise Britian’s intelligence-sharing relationship with America.
http://www.dailymail.co.uk/news/article-1160238/How-MI5-colluded-torture-Binyam-Mohamed-claims-British-agents-fed-Moroccan-torturers-questions--WORLD-EXCLUSIVE.html#ixzz256BI1FmS
Documents obtained by this newspaper - which were disclosed to Mohamed through a court case he filed in America - show that months after he was taken to Morocco aboard an illegal 'extraordinary rendition' flight by the U.S. Central Intelligence Agency, MI5 twice gave the CIA details of questions they wanted his interrogators to put to him, together with dossiers of photographs.
At the time, in November 2002, Mohamed was being subject to intense, regular beatings and sessions in which his chief Moroccan torturer, a man he knew as Marwan, slashed his chest and genitals with a scalpel.
~snip~
The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.
Last month his lawyers persuaded the High Court not to allow parts of a judgement that summarised Mohamed's treatment to be published, on the grounds that to do so would jeopardise Britian’s intelligence-sharing relationship with America.
Libya/US: Investigate Death of Former CIA Prisoner
http://www.hrw.org/news/2009/05/11/libyaus-investigate-death-former-cia-prisoner
(New York) – The Libyan authorities should carry out a full and transparent investigation of the reported suicide of the Libyan prisoner Ali Mohamed al-Fakheri, also known as Ibn al-Sheikh al-Libi, Human Rights Watch said today. Al-Libi, who was held in secret US and Egyptian detention from late 2001 to at least 2005, was found dead in his cell in Abu Salim prison in Tripoli. Human Rights Watch spoke with him briefly in the Tripoli prison on April 27, though he refused to be interviewed.
After his arrest in Pakistan in late 2001, al-Libi was sent by the Central Intelligence Agency (CIA) to Egypt in 2002, under the procedure known as “rendition.” According to a CIA declassified cable and a US Senate report, he was tortured in Egypt and gave false information about a link between Iraq and al-Qaeda that Colin Powell, then the secretary of state, used in his speech to the UN Security Council on the planned war with Iraq. Al-Libi was later held by the CIA in a series of secret prisons in Afghanistan and elsewhere.
~snip~
Al-Libi was returned from US custody to Libya in late 2005 or early 2006 and was detained at Abu Salim prison. The Abu Salim prison authorities told Human Rights Watch in April 2009 that he had been sentenced to life imprisonment by the State Security Court, a court whose trial proceedings fail to conform to international fair trial standards.
Human Rights Watch briefly met with al-Libi on April 27 during a research mission to Libya. He refused to be interviewed, and would say nothing more than: “Where were you when I was being tortured in American jails.” Human Rights Watch has strongly condemned the CIA’s detention program and documented how detainees in CIA custody were abused, but, like other human rights groups, was never granted access to prisoners in CIA custody.
http://www.hrw.org/news/2009/05/11/libyaus-investigate-death-former-cia-prisoner
(New York) – The Libyan authorities should carry out a full and transparent investigation of the reported suicide of the Libyan prisoner Ali Mohamed al-Fakheri, also known as Ibn al-Sheikh al-Libi, Human Rights Watch said today. Al-Libi, who was held in secret US and Egyptian detention from late 2001 to at least 2005, was found dead in his cell in Abu Salim prison in Tripoli. Human Rights Watch spoke with him briefly in the Tripoli prison on April 27, though he refused to be interviewed.
After his arrest in Pakistan in late 2001, al-Libi was sent by the Central Intelligence Agency (CIA) to Egypt in 2002, under the procedure known as “rendition.” According to a CIA declassified cable and a US Senate report, he was tortured in Egypt and gave false information about a link between Iraq and al-Qaeda that Colin Powell, then the secretary of state, used in his speech to the UN Security Council on the planned war with Iraq. Al-Libi was later held by the CIA in a series of secret prisons in Afghanistan and elsewhere.
~snip~
Al-Libi was returned from US custody to Libya in late 2005 or early 2006 and was detained at Abu Salim prison. The Abu Salim prison authorities told Human Rights Watch in April 2009 that he had been sentenced to life imprisonment by the State Security Court, a court whose trial proceedings fail to conform to international fair trial standards.
Human Rights Watch briefly met with al-Libi on April 27 during a research mission to Libya. He refused to be interviewed, and would say nothing more than: “Where were you when I was being tortured in American jails.” Human Rights Watch has strongly condemned the CIA’s detention program and documented how detainees in CIA custody were abused, but, like other human rights groups, was never granted access to prisoners in CIA custody.
At Guantanamo, a Prison Within a Prison
CIA Has Run a Secret Facility for Some Al Qaeda Detainees, Officials Say
http://www.washingtonpost.com/wp-dyn/articles/A5918-2004Dec16.html
Within the heavily guarded perimeters of the Defense Department's much-discussed Guantanamo Bay prison in Cuba, the CIA has maintained a detention facility for valuable al Qaeda captives that has never been mentioned in public, according to military officials and several current and former intelligence officers.
~snip~
Most international terrorism suspects in U.S. custody are held not by the CIA but by the Defense Department at the Guantanamo Bay prison. They are guaranteed access to the International Committee of the Red Cross (ICRC) and, as a result of a U.S. Supreme Court ruling this year, have the right to challenge their imprisonment in federal courts.
CIA detainees, by contrast, are held under separate rules and far greater secrecy. Under a presidential directive and authorities approved by administration lawyers, the CIA is allowed to capture and hold certain classes of suspects without accounting for them in any public way and without revealing the rules for their treatment. The roster of CIA prisoners is not public, but current and former U.S. intelligence officials say the agency holds the most valuable al Qaeda leaders and many mid-level members with knowledge of the group's logistics, financing and regional operations.
CIA Has Run a Secret Facility for Some Al Qaeda Detainees, Officials Say
http://www.washingtonpost.com/wp-dyn/articles/A5918-2004Dec16.html
Within the heavily guarded perimeters of the Defense Department's much-discussed Guantanamo Bay prison in Cuba, the CIA has maintained a detention facility for valuable al Qaeda captives that has never been mentioned in public, according to military officials and several current and former intelligence officers.
~snip~
Most international terrorism suspects in U.S. custody are held not by the CIA but by the Defense Department at the Guantanamo Bay prison. They are guaranteed access to the International Committee of the Red Cross (ICRC) and, as a result of a U.S. Supreme Court ruling this year, have the right to challenge their imprisonment in federal courts.
CIA detainees, by contrast, are held under separate rules and far greater secrecy. Under a presidential directive and authorities approved by administration lawyers, the CIA is allowed to capture and hold certain classes of suspects without accounting for them in any public way and without revealing the rules for their treatment. The roster of CIA prisoners is not public, but current and former U.S. intelligence officials say the agency holds the most valuable al Qaeda leaders and many mid-level members with knowledge of the group's logistics, financing and regional operations.
CIA Office of Inspector General report
http://media.washingtonpost.com/wp-srv/nation/documents/cia_oig_report.pdf
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p. 15
http://media.washingtonpost.com/wp-srv/nation/documents/cia_oig_report.pdf
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p. 15
One of youngest Guantánamo prisoner released
http://www.muslimnews.co.uk/paper/index.php?article=4282
Nineteen-year-old Mohamed Jawad has set foot in Afghanistan after seven years in detention making him one of the youngest prisoners to be released from Guantánamo. He is set to sue the US Government in the next couple of months for inhumane treatment and torture in addition to being a minor in detention.
~snip~
Jawad claims his captors tortured him and other prisoners, deprived them of food and sleep. He has described having his hands tied behind his back and being forced to eat by bending over and putting his mouth into a plate of food. He received substantial abuse, including the ‘frequent flier’ treatment which is a form of torture where the victim is shifted from cell to cell. Mohamed was shifted through 152 locations in a week’s time, staying a maximum of 2 hours and 55 seconds in each location.
http://www.muslimnews.co.uk/paper/index.php?article=4282
Nineteen-year-old Mohamed Jawad has set foot in Afghanistan after seven years in detention making him one of the youngest prisoners to be released from Guantánamo. He is set to sue the US Government in the next couple of months for inhumane treatment and torture in addition to being a minor in detention.
~snip~
Jawad claims his captors tortured him and other prisoners, deprived them of food and sleep. He has described having his hands tied behind his back and being forced to eat by bending over and putting his mouth into a plate of food. He received substantial abuse, including the ‘frequent flier’ treatment which is a form of torture where the victim is shifted from cell to cell. Mohamed was shifted through 152 locations in a week’s time, staying a maximum of 2 hours and 55 seconds in each location.
Government Seeks To Continue Detaining Mohammed Jawad At Guantánamo Despite Lack Of Evidence
http://www.aclu.org/national-security/government-seeks-continue-detaining-mohammed-jawad-guantanamo-despite-lack-evidenc
NEW YORK – After admitting to a federal judge that Guantánamo detainee and American Civil Liberties Union client Mohammed Jawad had been tortured and illegally detained for nearly seven years, the Obama administration today asked the court for permission to continue to detain Jawad while it decides whether to bring a criminal case against him. The request, filed in U.S. District Court for the District of Columbia, comes after U.S. District Court Judge Ellen S. Huvelle berated government lawyers last week for their inadequate case against Jawad.
Last fall, a military judge in Jawad's Guantánamo military commission proceeding threw out the bulk of the evidence against him finding that it was obtained through torture. Despite that ruling, the Obama administration continued to rely on those same statements in Jawad's habeas corpus challenge before Judge Huvelle until last week when it said it would no longer rely on that evidence. The Afghan Attorney General recently sent a letter to the U.S. government demanding Jawad's return and suggesting he was as young as 12 when he was captured in Afghanistan and illegally rendered from that country nearly seven years ago.
Following his 2002 arrest in Afghanistan for allegedly throwing a grenade at two U.S. soldiers and their interpreter, Jawad was subjected to repeated torture and other mistreatment and to a systematic program of harsh and highly coercive interrogations designed to break him physically and mentally. Jawad tried to commit suicide in his cell by slamming his head repeatedly against the wall.
http://www.aclu.org/national-security/government-seeks-continue-detaining-mohammed-jawad-guantanamo-despite-lack-evidenc
NEW YORK – After admitting to a federal judge that Guantánamo detainee and American Civil Liberties Union client Mohammed Jawad had been tortured and illegally detained for nearly seven years, the Obama administration today asked the court for permission to continue to detain Jawad while it decides whether to bring a criminal case against him. The request, filed in U.S. District Court for the District of Columbia, comes after U.S. District Court Judge Ellen S. Huvelle berated government lawyers last week for their inadequate case against Jawad.
Last fall, a military judge in Jawad's Guantánamo military commission proceeding threw out the bulk of the evidence against him finding that it was obtained through torture. Despite that ruling, the Obama administration continued to rely on those same statements in Jawad's habeas corpus challenge before Judge Huvelle until last week when it said it would no longer rely on that evidence. The Afghan Attorney General recently sent a letter to the U.S. government demanding Jawad's return and suggesting he was as young as 12 when he was captured in Afghanistan and illegally rendered from that country nearly seven years ago.
Following his 2002 arrest in Afghanistan for allegedly throwing a grenade at two U.S. soldiers and their interpreter, Jawad was subjected to repeated torture and other mistreatment and to a systematic program of harsh and highly coercive interrogations designed to break him physically and mentally. Jawad tried to commit suicide in his cell by slamming his head repeatedly against the wall.
CIA Office of Inspector General report
http://media.washingtonpost.com/wp-srv/nation/documents/cia_oig_report.pdf
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p. 42.
http://media.washingtonpost.com/wp-srv/nation/documents/cia_oig_report.pdf
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p. 42.
"He Was The Agency": Ex-CIA Analyst Questions Brennan Claim He Couldn’t Stop Waterboarding, Torture
http://www.democracynow.org/2013/2/8/he_was_the_agency_ex_cia#transcript
AMY GOODMAN: That was CIA Director-designate John Brennan being questioned yesterday during his Senate confirmation hearing by Democratic Senator Carl Levin of Michigan.
For more, we’re joined by Melvin Goodman, former CIA and State Department analyst, senior fellow at the Center for International Policy, director of the Center’s National Security Project, his latest book, National Insecurity: The Cost of American Militarism.
Your response to that line of questioning, Mel Goodman?
MELVIN GOODMAN: Well, I think it was very disturbing on a lot of levels. It’s a step backward, for one thing. Former Director Leon Panetta did define waterboarding as torture. The attorney general has defined waterboarding as torture. But John Brennan won’t do so. And also, when John Brennan was a deputy executive assistant to Buzzy Krongard and to George Tenet, remember, he was the cheerleader for some of these onerous policies, particularly renditions and extraordinary renditions. So, for John Brennan today to say he read the Senate committee intelligence report on torture and he learned things he never knew before and that he was shocked with what he learned, this is a case of incredible willful ignorance. He’s been at the top of the CIA and now at the top in the White House—in fact, he’s probably stepping down in becoming the director of the CIA. He has written the manual for targeted killings. He’s written the disposition matrix, which is something out of George Orwell, that allows the president of the United States to pick targets based on evidence that Brennan collects from the CIA, presumably the same kind of evidence that was taken to the country in 2002 and 2003 that allowed the United States to go to war. So, all of this is extremely disturbing about who Brennan is.
JOHN BRENNAN: I did not take steps to stop the CIA’s use of those techniques. I was not in the chain of command of that program. I served as deputy executive director at the time. I had responsibility for overseeing the management of the agency in all of its various functions. And I was aware of the program. I was cc’d on some of those documents. But I had no oversight of it. I wasn’t involved in its creation. I had expressed my personal objections and views to my—some agency colleagues about certain of those EITs, such as waterboarding, nudity and others, where I professed my personal objections to it. But I did not try to stop it, because it was, you know, something that was being done in a different part of the agency under the authority of others, and it was something that was directed by the administration at the time.
JUAN GONZÁLEZ: Mel Goodman, your response to his answer?
MELVIN GOODMAN: Well, very disturbing for him to say he was in a different part of the agency. He was the agency. He was on the seventh floor of the agency. He was an executive assistant to the director and to the executive secretary of the CIA. He was the one they allowed to go on Sunday morning talk shows to defend renditions, and particularly extraordinary renditions, which involve not only kidnapping people off the streets of Europe and the Middle East and Africa, but sending them to countries where we knew these people would be tortured.
http://www.democracynow.org/2013/2/8/he_was_the_agency_ex_cia#transcript
AMY GOODMAN: That was CIA Director-designate John Brennan being questioned yesterday during his Senate confirmation hearing by Democratic Senator Carl Levin of Michigan.
For more, we’re joined by Melvin Goodman, former CIA and State Department analyst, senior fellow at the Center for International Policy, director of the Center’s National Security Project, his latest book, National Insecurity: The Cost of American Militarism.
Your response to that line of questioning, Mel Goodman?
MELVIN GOODMAN: Well, I think it was very disturbing on a lot of levels. It’s a step backward, for one thing. Former Director Leon Panetta did define waterboarding as torture. The attorney general has defined waterboarding as torture. But John Brennan won’t do so. And also, when John Brennan was a deputy executive assistant to Buzzy Krongard and to George Tenet, remember, he was the cheerleader for some of these onerous policies, particularly renditions and extraordinary renditions. So, for John Brennan today to say he read the Senate committee intelligence report on torture and he learned things he never knew before and that he was shocked with what he learned, this is a case of incredible willful ignorance. He’s been at the top of the CIA and now at the top in the White House—in fact, he’s probably stepping down in becoming the director of the CIA. He has written the manual for targeted killings. He’s written the disposition matrix, which is something out of George Orwell, that allows the president of the United States to pick targets based on evidence that Brennan collects from the CIA, presumably the same kind of evidence that was taken to the country in 2002 and 2003 that allowed the United States to go to war. So, all of this is extremely disturbing about who Brennan is.
JOHN BRENNAN: I did not take steps to stop the CIA’s use of those techniques. I was not in the chain of command of that program. I served as deputy executive director at the time. I had responsibility for overseeing the management of the agency in all of its various functions. And I was aware of the program. I was cc’d on some of those documents. But I had no oversight of it. I wasn’t involved in its creation. I had expressed my personal objections and views to my—some agency colleagues about certain of those EITs, such as waterboarding, nudity and others, where I professed my personal objections to it. But I did not try to stop it, because it was, you know, something that was being done in a different part of the agency under the authority of others, and it was something that was directed by the administration at the time.
JUAN GONZÁLEZ: Mel Goodman, your response to his answer?
MELVIN GOODMAN: Well, very disturbing for him to say he was in a different part of the agency. He was the agency. He was on the seventh floor of the agency. He was an executive assistant to the director and to the executive secretary of the CIA. He was the one they allowed to go on Sunday morning talk shows to defend renditions, and particularly extraordinary renditions, which involve not only kidnapping people off the streets of Europe and the Middle East and Africa, but sending them to countries where we knew these people would be tortured.
Globalizing Torture: Ahead of Brennan Hearing, International Complicity in CIA Rendition Exposed
http://www.democracynow.org/2013/2/7/globalizing_torture_ahead_of_brennan_hearing#transcript
MARGARET WARNER: So, was Secretary Rice correct today when she called it a vital tool in combating terrorism?
JOHN BRENNAN: I think it’s an absolutely vital tool. I have been intimately familiar now over the past decade with the cases of rendition that the U.S. government has been involved in, and I can say without a doubt that it has been very successful as far as producing intelligence that has saved lives.
MARGARET WARNER: So is it—are you saying, both—in two ways, both in getting terrorists off the streets and also in the interrogation?
JOHN BRENNAN: Yes. The rendition is the practice or the process of rendering somebody from one place to another place. It is moving them. And U.S. government will frequently facilitate that movement from a country to another.
MARGARET WARNER: Why would you not, if this—if you have a suspect who’s a danger to the United States, keep it—keep him in the United States’ custody? Is it because we want another country to do the dirty work?
JOHN BRENNAN: No, I don’t think that’s it at all. Also, I think it’s rather arrogant to think that we’re the only country that respects human rights. I think that we have a lot of assurances from these countries that we hand over terrorists to that they will in fact respect human rights. And there are different ways to gain those assurances. But also, let’s say an individual goes to Egypt, because they’re an Egyptian citizen. And Egyptians then have a longer history in terms of dealing with them, and they have family members and others that they can bring in, in fact, to be part of the whole interrogation process.
JUAN GONZÁLEZ: That was John Brennan speaking to PBS’s Margaret Warner in 2005.
AMY GOODMAN: The report is called "Globalizing Torture." It also identifies 54 foreign governments that aided the United States in these operations. The countries include Afghanistan, Albania, Algeria, Australia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Djibouti, Egypt, Ethiopia, Finland, Gambia, Georgia, Germany, Greece, Hong Kong, Iceland, Indonesia, Iran, Ireland, Italy, Jordan, Kenya, Libya, Lithuania, Macedonia, Malawi, Malaysia, Mauritania, Morocco, Pakistan, Poland, Portugal, Romania, Saudi Arabia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Syria, Thailand, Turkey, United Arab Emirates, United Kingdom, Uzbekistan, Yemen and Zimbabwe.
One country that’s not listed is India, but the report is making headlines there, too, because, for more, we’re joined now by the report’s author, Amrit Singh. She’s senior legal officer at the National Security and Counterterrorism program at the Open Society Justice Initiative. The full name of her new report is "Globalizing Torture: CIA Secret Detention and Extraordinary Rendition." She’s co-author with Jameel Jaffer of the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond_. And interestingly, the new torture report has become news in India. The human-rights-secret-detention-amrit-singh">headline in The Times of India reads, quote: "Prime Minister’s Daughter Blows Whistle on 54 Nations that Helped U.S. Detention Programme." Another website headline, their story: "PM’s Daughter Takes on CIA over Torture." That’s right, our guest, Amrit Singh, is the daughter of India’s prime minister, Manmohan Singh.
Amrit Singh, welcome to Democracy Now!
AMRIT SINGH: Thank you.
AMY GOODMAN: Let’s talk about John Brennan first. He goes to Capitol Hill today for his confirmation hearing. You wrote a piece in the Los Angeles Times. What do you think he should be asked? What do you think of the nomination of John Brennan to be head of the CIA?
AMRIT SINGH: Well, I think John Brennan should be asked what he meant when he said that he was intimately familiar with cases of rendition and that rendition is an absolutely vital tool in combating terrorism, because by the time Brennan made that statement in December of 2005, a number of people had been rendered to foreign governments where they were tortured. By December of 2005, Ahmed Agiza and Muhammad al-Zery had been rendered to Egypt and subjected to electric shock. By December of 2005, Maher Arar, a Canadian national, had been rendered to Syria and subjected to being locked up in a tiny grave-like cell and beaten with cables. By December 2005, a number of other individuals, including Khalid El-Masri, had been rendered. Khalid El-Masri was captured and kidnapped in Macedonia and transferred to Afghanistan and abused. A recent court decision by the European Court of Human Rights found that Khalid El-Masri’s treatment by the CIA amounted to torture. So I think that John Brennan has a lot of explaining to do as to what exactly he meant.
Globalizing Torture: CIA Secret Detention and Extraordinary Rendition
http://www.opensocietyfoundations.org/reports/globalizing-torture-cia-secret-detention-and-extraordinary-rendition
http://www.democracynow.org/2013/2/7/globalizing_torture_ahead_of_brennan_hearing#transcript
MARGARET WARNER: So, was Secretary Rice correct today when she called it a vital tool in combating terrorism?
JOHN BRENNAN: I think it’s an absolutely vital tool. I have been intimately familiar now over the past decade with the cases of rendition that the U.S. government has been involved in, and I can say without a doubt that it has been very successful as far as producing intelligence that has saved lives.
MARGARET WARNER: So is it—are you saying, both—in two ways, both in getting terrorists off the streets and also in the interrogation?
JOHN BRENNAN: Yes. The rendition is the practice or the process of rendering somebody from one place to another place. It is moving them. And U.S. government will frequently facilitate that movement from a country to another.
MARGARET WARNER: Why would you not, if this—if you have a suspect who’s a danger to the United States, keep it—keep him in the United States’ custody? Is it because we want another country to do the dirty work?
JOHN BRENNAN: No, I don’t think that’s it at all. Also, I think it’s rather arrogant to think that we’re the only country that respects human rights. I think that we have a lot of assurances from these countries that we hand over terrorists to that they will in fact respect human rights. And there are different ways to gain those assurances. But also, let’s say an individual goes to Egypt, because they’re an Egyptian citizen. And Egyptians then have a longer history in terms of dealing with them, and they have family members and others that they can bring in, in fact, to be part of the whole interrogation process.
JUAN GONZÁLEZ: That was John Brennan speaking to PBS’s Margaret Warner in 2005.
AMY GOODMAN: The report is called "Globalizing Torture." It also identifies 54 foreign governments that aided the United States in these operations. The countries include Afghanistan, Albania, Algeria, Australia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Djibouti, Egypt, Ethiopia, Finland, Gambia, Georgia, Germany, Greece, Hong Kong, Iceland, Indonesia, Iran, Ireland, Italy, Jordan, Kenya, Libya, Lithuania, Macedonia, Malawi, Malaysia, Mauritania, Morocco, Pakistan, Poland, Portugal, Romania, Saudi Arabia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Syria, Thailand, Turkey, United Arab Emirates, United Kingdom, Uzbekistan, Yemen and Zimbabwe.
One country that’s not listed is India, but the report is making headlines there, too, because, for more, we’re joined now by the report’s author, Amrit Singh. She’s senior legal officer at the National Security and Counterterrorism program at the Open Society Justice Initiative. The full name of her new report is "Globalizing Torture: CIA Secret Detention and Extraordinary Rendition." She’s co-author with Jameel Jaffer of the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond_. And interestingly, the new torture report has become news in India. The human-rights-secret-detention-amrit-singh">headline in The Times of India reads, quote: "Prime Minister’s Daughter Blows Whistle on 54 Nations that Helped U.S. Detention Programme." Another website headline, their story: "PM’s Daughter Takes on CIA over Torture." That’s right, our guest, Amrit Singh, is the daughter of India’s prime minister, Manmohan Singh.
Amrit Singh, welcome to Democracy Now!
AMRIT SINGH: Thank you.
AMY GOODMAN: Let’s talk about John Brennan first. He goes to Capitol Hill today for his confirmation hearing. You wrote a piece in the Los Angeles Times. What do you think he should be asked? What do you think of the nomination of John Brennan to be head of the CIA?
AMRIT SINGH: Well, I think John Brennan should be asked what he meant when he said that he was intimately familiar with cases of rendition and that rendition is an absolutely vital tool in combating terrorism, because by the time Brennan made that statement in December of 2005, a number of people had been rendered to foreign governments where they were tortured. By December of 2005, Ahmed Agiza and Muhammad al-Zery had been rendered to Egypt and subjected to electric shock. By December of 2005, Maher Arar, a Canadian national, had been rendered to Syria and subjected to being locked up in a tiny grave-like cell and beaten with cables. By December 2005, a number of other individuals, including Khalid El-Masri, had been rendered. Khalid El-Masri was captured and kidnapped in Macedonia and transferred to Afghanistan and abused. A recent court decision by the European Court of Human Rights found that Khalid El-Masri’s treatment by the CIA amounted to torture. So I think that John Brennan has a lot of explaining to do as to what exactly he meant.
Globalizing Torture: CIA Secret Detention and Extraordinary Rendition
http://www.opensocietyfoundations.org/reports/globalizing-torture-cia-secret-detention-and-extraordinary-rendition
Superb post 
Re-OP it!!!
I know what you are, but what am I?
Brilliant. 
Seriously, you must add me to the list you keep harping about, at once.
spying organizations. I think they are called intelligence organizations, though there's nothing intelligent about these organizations. 
Heck, I am convinced the CIA killed President Kennedy. I think presidents end up under the thumb of spy organizations, and either work with them "or else."
......read it? Most of your posts are concerned with arguments about the publishing source. Before I read this long article, I would like to see some honest critiques from some people who have read the whole thing. Help a fellow DUer....who has less time than some of you to spend on argument. Thank you.
Most people make up their own minds on stuff like that. 
Bookmark it and read it later if you find yourself short on time.
my ignore list.
The people who are left are able to disagree with others and engage in real discussion at the same time! Sometimes without derisive snark or even a single .
